WRITTEN QUESTION No. 3021/98 by Joan VALLVÉ Limestone quarries in the French communes of Taltehull and Vingrau
Date: 1998-10-08
Institutions: European Parliament, VALLVE
Subjects: France, Midi-Pyrenées, action for failure to fulfil an obligation, bird, mining operation, protected area, protected species, protection of animal life, wildlife

11.10.1999

EN

Official Journal of the European Communities

C 289/19

geographical situation of areas like the Vorarlberg and Haute Savoie, linked as they are to Swiss infrastructure.
The Commission is taking a close interest in the issue and is currently studying possible solutions. The matter is
a sensitive one for the Member States, however, which makes it impossible to say whether and when any
measures might be adopted.

The current rules caused no problems until 1997. Note also that one of the Member States concerned,

4.
Austria, was not in fact a member of the Community when Regulation (EEC) 2454/93 was adopted.

(1)

The Istanbul Convention of 26 June 1990, approved by Council Decision 93/239/CEE of 15 March 1993 concerning
the conclusion of the Convention on Temporary Admission and accepting its annexes (OJ L 130, 27.5.1993).

(1999/C 289/025)

WRITTEN QUESTION E-3021/98

by Joan Vallvé (ELDR) to the Commission

(8 October 1998)

Subject: Limestone quarries in the French communes of Taltehull and Vingrau

For a number of years, the OMYA company has been exploiting a limestone quarry in the commune of
Taltehull (Tautavel). The company has now decided to open a new quarry in the commune of Vingrau. The
mayor and residents of this commune, which lies to the south of Corbières, are opposed to the quarry and the
Vingrau municipal council considers that quarrying is contrary to Directive 79/409/EEC (1) of 2 April 1979 on
the conservation of wild birds and Directive 92/43/EEC (2) of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora.

Has the Commission informed the French Government that quarrying in Vingrau in Northern Catalonia, in the
department of Pyrénées Orientales, is contrary to the directives mentioned?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Bjerregaard on behalf of the Commission

(19 November 1998)

The Commission has in the past received complaints about the plan to open limestone quarries in the ‘Basses
Corbières’ area, in the communes of Vingrau and Tautavel (Department of Pyrénées-Orientales). Moreover, the
Commission has been questioned on a number of occasions by Parliament following petition No 923/94.

An examination of the facts has revealed that France has failed to apply Directives 79/409/EEC (‘birds’) and
92/43/EEC (‘habitats’) correctly. Specifically, France has not classified the ‘Basses Corbières’ site as a special
protection area for certain species of birds listed in Annex I of the ‘birds’ Directive (including Bonelli’s eagle)
and for certain migratory species not listed in Annex I, nor taken special conservation measures concerning
their habitat, contrary to Article 4(1) and (2) of that Directive. Furthermore, France has not taken appropriate
steps in that site to avoid disturbance which could have a significant effect on the species for which that site has
been designated and deterioration of their habitats, as a result of the opening and exploitation of limestone
quarries in the communes of Tautavel and Vingrau, contrary to Article 6(2), (3) and (4) of the Directive on
habitats.

Under Article 169 of the EC Treaty, the Commission delivered a reasoned opinion in December 1997 in which
it finds that France has failed to fulfil its obligations under the ‘birds’ and ‘habitats’ Directives. As there is no
indication that this matter has been rectified, the Commission has referred it to the Court of Justice (application
registered on 20 October 1998 under reference C-374/98). It is now for the Court to establish that France has
failed to fulfil its obligations.